Appellant was indicted for the crime of assault, first degree (Penal Law, § 120.10, subd. 1), a charge relating to a shooting in front of Chappie's Grill on South Pearl Street in the City of Albany at about 3:00 A.M. on April 19, 1970. The victim, one Gerald Smith, was taken to Albany Medical Center Hospital where he received care and treatment for nine days. Upon the trial, the People offered the hospital record of the victim as proof of the inflicting of serious physical...
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